Home > On Capitol Hill: Deceptive Practices

On Capitol Hill: Deceptive Practices

Forty and fifty years ago, thousands of Americans risked their lives to challenge systems of blatant discrimination that prevented millions of Americans from exercising their right to vote. Many became martyrs for their work in the civil rights and voting rights movements. In the aftermath of the 2000 election, it has become clear that the nation’s voting procedures are still riddled with inequities and systemic problems that effectively prevent millions of Americans from casting votes that count.

People For the American Way supports measures to ensure protection of this most fundamental of rights and believes that maintaining the integrity of our electoral process is critical to America’s democratic institutions.

In particular, PFAW believes action by election officials to implement electoral reforms should be guided by four fundamental principles:

• The voting process must be uniform and nondiscriminatory;
• Voters must be able to independently and privately cast and verify their ballot;
• Any voting system must comply with national certification standards; and
• Voter confidence and reliability in the electoral process must be maintained.

Understanding the Deceptive Practices and Voter Intimidation Prevention Act of 2007

Reasons Behind the Deceptive Practices Act

• In 2004 and 2006, countless cases were reported of candidates or committees issuing false information about candidates or elections to potential, eligible voters. Cases were reported in areas such as Maryland, California, and Virginia.
• Additionally, voters have been informed of non-existent procedures to intimidate them from voting. For example, people have willingly told others photo identification is needed when it is not in an attempt to turn away voters and intimidate them from exercising their right to vote.

What the Deceptive Practices Act Does

• Makes it a federal crime for any person to knowingly deceive any other person regarding: the time, place, or other information about any federal election.
• Makes it illegal for someone to willingly deceive someone regarding the qualifications for or restrictions on voter eligibility for any federal election.
• Makes the intent of preventing someone from exercising his or her right to vote a criminal offense with a penalty of up to 5 years of imprisonment, a fine of up to $100,000 or both.
• Places responsibility upon the Attorney General to take corrective action, including, but not limited to distributing accurate information to counter misinformation campaigns.
• Allows private citizens a method and the right to report incidents of voter intimidation.

Current Status in Congress

• The Deceptive Practices and Voter Intimidation Prevention Act of 2007 (S. 453) was introduced by Senator Barack Obama (D-IL) on January 31, 2007. It currently has 20 cosponsors. Companion legislation (H.R. 1281) was introduced by Representatives Rahm Emanuel (D-5th IL) and John Conyers (D-14th MI) on March 1, 2007. It currently has 60 cosponsors.
• A hearing was held on S. 453 in the Senate Judiciary Committee on June 7, 2007. It was marked up on September 6 and passed by voice vote.
• H.R. 1281 was adopted by voice vote in the House Judiciary Committee on April 18, 2007. On June 25, the House passed H.R. 1281 by voice vote.

Updated February 28, 2008